1 appeal, review & revision purpose in each case not only justice must be done, but also it must...
TRANSCRIPT
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APPEAL, REVIEW & REVISIONPURPOSE
• In each case not only justice must be done, but also it must be seen to have been done
• Punishment has to be weighed against the degree of misconduct alleged and has, in essence, to be corrective in purpose
• protective provisions against miscarriage of justice by possible capricious and whimsical orders
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OBJECTIVE OF THE SESSION
Disposal of Disciplinary cases by
•self-contained
•speaking
•reasoned order
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RULE 11 OF CCS (CCA) RULES, 1965 and ARTICLE 309 of the CONSTITUTION
MAJOR PENALTIES
• MINOR PENALTIES
UNDER RULE 11 OF CCS (CCA) RULES, 1965
Disciplinary procedure
Rule 14 for Major Penalties
Rule 16 for Minor Penalties
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Principles Of Natural Justice
judgments should be free from bias men should not be condemned
unheard decisions should not be reached
behind the back of the employee findings should always arrived by self-
contained, speaking and reasoned order
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Principles Of Natural Justice - in a disciplinary proceeding
charge-sheet in writing setting forth, in definite and distinct articles of the charges
Charged Officer (CO) must be given reasonable time to answer
Inquiry Officer (IO) should not have any bias against the CO
The principles regarding ‘burden of proof’ and ‘fair procedures’ should be borne in mind
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APPEALS
Orders against which no appeal lies - RULE 22
Any order made by the president.An order of interlocutory nature in a
disciplinary proceeding.Any order passed by io in the course
of inquiry.
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ORDERS AGAINST WHICH APPEAL LIES
RULE 23An order of suspensionAn order imposing penaltiesAn order enhancing any penalty.An order of reversion while
officiating in a higher postReducing or withholding pension.
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APPELLATE AUTHORITY
RULE 24 - A Government servant may prefer appeal against any orders
to the appointing authority where the order appealed against is made by an authority subordinate to it.
to the President.
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PERIOD OF LIMITATION
RULE 25
NO APPEAL LIES BEYOND 45 DAYS
APPELLATE AUTHORITY MAY ENTERTAIN APPEAL AFTER EXPIRY PERIOD IF SATISFIED.
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FORM AND CONTENT OF APPEAL
RULE 26 SEPARATELY AND IN HIS OWN
NAME TO THE AUTHORITY TO WHOM
APPEAL LIES SHALL NOT CONTAIN ANY
DISRESPECTFUL OR IMPROPER LANGUAGE
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RULE 27 - CONSIDERATION OF APPEAL
Appellate authority to ensure the laid down procedure have been complied with
Finding of the DA are warranted by the evidence on record
The penalty imposed is adequate, inadequate or severe
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CONSIDERATION OF APPEAL -(Contd.)
RULE 27
PASS ORDERS CONFIRM ENHANCE REDUCE SET-ASIDE THE PENALITY
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CONSIDERATION OF APPEAL -(Contd.)
No order imposing an enhance penalty can be made in any case unless Government servant has been given a
reasonable opportunity of making a representation against such enhanced penalty
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CONSIDERATION OF APPEAL -(Contd.)
If appellate authority proposes to impose one of the major penalties and no inquiry as laid down in the rules had been held already
• it should itself hold such an inquiry or direct such enquiry to be held and pass self-contained, speaking and reasonable orders
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DISPOSAL OF APPEAL
no time limit for disposal of appeal is laid down, but the appeal should be disposed off within a reasonable time
Consultation with UPSC necessary in case of all Group ‘A’ Officers before enhancing, setting aside or reducing the penalty already imposed
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RULE 28
IMPLEMENTATION OF
ORDER IN APPEALBy the authority whose order is subject
matter of appeal
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RULE 29 – REVISION- AUTHORITIES
• The president • The Comptroller and Auditor
General or
• any other empowered authority may at any time either on his own motion or otherwise call for records and revise any order made under these rules
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RULE 29 – REVISION- Powers of the revising authority
• confirm, modify or set aside the order; or
• confirm, reduce, enhance or set aside the penalty imposed by the order; or
• remit the case to the authority which made the order to make such further enquiry as it may consider proper; or
•pass such other orders as it may deem fit.
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GOI Instructions on Revision Self contained, speaking and reasoned order Issue over the signature of the prescribed
revising authority Original punishing authority is not competent
to revise or cancel its own order If an appellate order is set aside for
procedural defects, the punishment order will also simultaneously stand quashed